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Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Technology & Marketing Law Blog

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve Zeidenberg and the 23andMe litigation.

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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 119
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Is Commercial Agency Litigation in Colombia over?

Olartemoure Blog

Commercial agency contracts’ regulation in Colombia remains a challenge for both attorneys and clients. Such broad definition traditionally implies that almost every commercial relationship will end in a Commercial Agency litigation if not properly limited by the parties from its beginning.

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Will Supreme Court Consider Whether to Allow an Alternative to In-App Purchasing on the App Store?

Intellectual Property Law Blog

Rather, Apple complains that “the injunction extends to millions of developers worldwide who have no affiliation with Epic or this litigation.” Apple does not challenge application of the injunction to Epic, or Epic’s subsidiaries, or it seems, to 100 or so other developers that Epic generally identified in its lawsuit against Apple.

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Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Technology & Marketing Law Blog

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

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FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Technology & Marketing Law Blog

This outcome is consistent with other “Internet of Things” cases, such as the 23andMe litigation (and, in a sense, the ProCD v. BONUS: Additional contracts links from the past six months. Applying the Ninth Circuit’s Berman case , the court says Uber’s contract formation was a “browsewrap.” Zeidenberg case from way back when).

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Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims

IP Watchdog

Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results.

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